New Mexico Regulatory Program

Office of Surface Mining Reclamation and Enforcement (OSM) is approving, with one exception and additional requirements, a proposed amendment to the New Mexico regulatory program (hereinafter referred to as the ``New Mexico program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). New Mexico proposed revisions to and/ or additions of rules pertaining to definitions; procedures for designating lands unsuitable for coal mining; permit application requirements concerning compliance information, the reclamation plan, and the subsidence information and control plan; procedures concerning permit application review; criteria for permit approval or denial; procedures concerning improvidently issued permits; permit conditions; requirements concerning ownership and control information; and performance standards for coal exploration, hydrologic balance, permanent and temporary impoundments, coal processing waste, disposal of noncoal waste, protection of fish, wildlife, and related environmental values, revegetation success, subsidence control, and roads. The amendment was intended to revise the New Mexico program to be consistent with the corresponding Federal regulations, incorporate the additional flexibility afforded by the revised Federal regulations, and improve operational efficiency.